Ms. Fatma Yildirim (deceased) v. Austria

In Yildirim v Austria, the authors alleged that the State failed to protect their deceased mother from her abusive former husband. The authors alleged that Austria violated articles 1 (discrimination), 2 (policy measures), 3 (guarantee of basic human rights and fundamental freedoms), and 5 (sex role stereotyping and prejudice) of the Convention by failing to take positive measures to protect the deceased's right to life and personal security. They argued that women are disproportionately and negatively affected by the inappropriate prosecution and punishment of offenders in domestic violence cases, the lack of coordination between the judiciary and law enforcement officials, and the lack of training for law enforcement and judicial personnel about domestic violence. The Committee concluded that in Yildirim's case, the State should have known that the victim was in a dangerous situation, thereby creating a duty to act to protect her. The Committee also emphasizes that a woman's right to life must not be superseded by a perpetrator's right to privacy or liberty. The Committee lists a number of recommendations aimed at preventing all forms of domestic violence and providing access to protection and redress to all victims.